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Hello! 1. First apply for work-related injury identification, then do labor ability appraisal, and claim compensation according to the appraisal results;
2. If the employer does not submit an application for recognition of work-related injury, the injured employee, his close relatives or trade union organization may directly apply for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of occupational disease;
3. If you have not signed a labor contract, you can collect relevant evidence, such as pay slips, punch-in records, work uniforms, work information, witness testimony, audio recordings, etc., which can prove the existence of labor relations, and require the employer to pay double the wages of the unsigned labor contract;
4. During the period of suspension of work and salary, the original salary and benefits shall remain unchanged and shall be paid by the employer on a monthly basis; During the period of suspension of work with pay, the employer shall not dissolve or terminate the employment relationship with the employee; The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.
If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.
5. Work-related injury compensation includes: medical expenses, wages for the period of suspension of work, hospital meal allowance, nursing expenses, transportation expenses, accommodation expenses, one-time disability allowance, and one-time employment allowance and one-time medical allowance if the labor relationship is terminated, etc. The specific amount shall be determined in combination with the salary of the person and the average monthly salary of the employee in the province in the previous year.
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Legal analysis: If a finger is accidentally crushed by a machine while working in a factory, it is a work-related injury and work-related injury benefits can be claimed.
Legal basis: Article 37 of the Regulations on Work-related Injury Insurance An employee who is identified as having a disability of Grade 7 to Grade 10 due to work-related disability shall enjoy the following benefits:
1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability;
2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.
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Legal analysis: First of all, you need to take ** to leave a piece of evidence, and then, if there is a contract that is very easy to do, the company will compensate according to the contract and quietly, and there is a need to do work-related injury identification and disability identification, after doing it, according to the disability level There are clear provisions, if you are afraid that the compensation will be less accurate enough, you can consult a lawyer, at least you can know the law and understand the law, and will not let people be deceived at will.
Legal basis: "Regulations of the People's Republic of China on Work-related Injury Insurance" Article 1 These Regulations are formulated in order to ensure that employees who are injured by accidents or suffer from occupational diseases due to their work receive medical treatment and economic compensation, promote the prevention of work-related injuries and occupational diseases, and disperse the risk of work-related injuries of employers.
Article 2 Enterprises, public institutions, social organizations, private non-enterprise units, associations, law firms, accounting firms and other organizations within the territory of the People's Republic of China, as well as individual industrial and commercial households with employees (hereinafter referred to as "employers") shall, in accordance with the provisions of these Regulations, participate in work-related injury insurance and pay work-related injury insurance premiums for all employees or employees of their units (hereinafter referred to as "employees"). Employees of enterprises, public institutions, social organizations, private non-enterprise units, associations, law firms, accounting firms and other organizations within the territory of the People's Republic of China, as well as employees of individual industrial and commercial households, shall have the right to enjoy work-related injury insurance benefits in accordance with the provisions of these Regulations.
Article 3 The collection and payment of work-related injury insurance premiums shall be carried out in accordance with the provisions of the Interim Regulations on the Collection and Payment of Social Insurance Premiums on the Closed Base of Basic Pension Insurance Premiums, Basic Medical Insurance Premiums and Unemployment Insurance Premiums.
Article 4 The employer shall publicize the relevant information of Qishiheng's participation in work-related injury insurance in the unit. Employers and employees shall abide by the laws and regulations on work safety and the prevention and treatment of occupational diseases, implement safety and health regulations and standards, prevent the occurrence of work-related accidents, and avoid and reduce the hazards of occupational diseases. When an employee suffers a work-related injury, the employer shall take measures to ensure that the injured employee receives timely treatment.
Article 5 The social insurance administrative department is responsible for the work-related injury insurance work nationwide. The local people's social insurance administrative departments at or above the county level shall be responsible for the work-related injury insurance work within their respective administrative areas. The social insurance agency (hereinafter referred to as the agency) established by the social insurance administrative department in accordance with the relevant provisions of the social insurance department specifically undertakes work-related injury insurance affairs.
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First, apply to the labor and social security administrative department for recognition of work-related injuries.
Article 17 of the Regulations on Work-related Injury Insurance Article 17 An injured employee or his immediate family members or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly apply to the labor and social security administrative department of the co-ordinating area where the employer is located for recognition of work-related injury.
Article 20 The administrative department for labor and social security shall, within 60 days from the date of accepting the application for determination of work-related injury, make a decision on the determination of work-related injury, and notify the employee or his immediate family members and the worker's unit in writing of the application for work-related injury determination.
Article 21 If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, he or she shall conduct an appraisal of his or her ability to work.
Article 22 The appraisal of labor ability refers to the grade appraisal of the degree of labor dysfunction and the degree of self-care disorder.
There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10.
There are three levels of self-care disorders: complete inability to take care of oneself, inability to take care of oneself most of one's life, and partial inability to take care of oneself in life.
Employees are entitled to work-related injury insurance benefits according to the level of their assessed working ability.
1. How to do work-related injury and disability identification?
1) If an employee suffers a work-related injury and has a disability that affects his or her ability to work after the injury is relatively stable, an appraisal of his or her ability to work shall be conducted.
2) Labor ability appraisal refers to the grade appraisal of the degree of labor dysfunction and the degree of self-care disorder. There are 10 levels of disability for labor dysfunction, with the most severe being level 1 and the least being level 10. There are 3 levels of self-care disorders:
Unable to take care of oneself at all, unable to take care of oneself for most of one's life, and unable to take care of oneself partially.
3) The employer, the injured employee or his or her immediate family members shall submit an application to the labor ability appraisal committee of the city divided into districts, and provide relevant information on the work-related injury determination decision and the medical treatment of the employee's work-related injury.
4) The labor ability appraisal committee at the level of a city divided into districts shall make a labor ability appraisal conclusion within 60 days from the date of receipt of the labor ability appraisal application, and if necessary, the time limit for making a labor ability appraisal conclusion may be extended by 30 days. The conclusion of the labor ability appraisal shall be promptly sent to the units and individuals applying for the appraisal.
5) If the unit or individual applying for appraisal is not satisfied with the appraisal conclusion made by the labor ability appraisal committee of the city divided into districts, it may submit an application for re-appraisal to the labor ability appraisal committee of the province, autonomous region or municipality directly under the Central Government within 15 days from the date of receipt of the appraisal conclusion.
6) One year from the date of the conclusion of the labor ability appraisal, if the injured employee or his immediate family members, the unit or the handling agency believe that the disability has changed, he or she may apply for the review and appraisal of the working ability.
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Summary. If the problem occurs, please seek medical attention in time and coordinate with the unit to conduct a work-related injury appraisal. At present, if the index finger and middle finger are injured, if the work-related injury is determined, there is a high probability that it can be assessed to level 10 and compensate for 11 months' wages. The specific assessment results depend on the identification of the assessment agency.
How can a worker be compensated for having his finger cut off while working?
Hello, I am consulting Hezao as a lawyer, what legal issues can be answered here I have received your question stool debate, here is a manual service, typing and thinking take time, please wait a while, is helping you solve.
If the problem is caused by the trip, please seek medical attention in time and coordinate with the unit to conduct a work-related injury identification. At present, if the index finger and middle finger are injured and the work-related injury is identified, there is a high probability that it can be assessed to level 10 and compensate for 11 months' wages. The specific assessment results depend on the identification of the assessment agency.
The voice is not clear, so it is recommended to consult by text.
If the problem is caused by the trip, please seek medical attention in time and coordinate with the unit to conduct a work-related injury identification. At present, if the index finger and middle finger are injured and the work-related injury is identified, there is a high probability that it can be assessed to level 10 and compensate for 11 months' wages. The specific assessment results depend on the identification of the assessment agency.
I'm glad to answer Yehe Wang for you this time, if you are satisfied with my above reply, you can give me a like, and click on my avatar to **consult and follow, so that I can shoot socks for you to continue to answer the direction Oh Songzai.
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Summary. The relevant legal basis for you is as follows: Article 30 of the Regulations on Work-related Injury Insurance Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.
Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid. **If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.
The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area. Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures. If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.
How can a worker be compensated for having his finger cut off while working?
Hello dear, happy to answer your <>
Poke and make a rough face]: Workers cut off their fingers while working, and they will be compensated according to the compensation standard for work-related injuries. It belongs to the tenth level of work-related injury, and the one-time disability subsidy is about 30,000 yuan.
Grade 10 work-related injury is entitled to a one-time disability subsidy of 7 months' salary, and a one-time work-related injury medical subsidy and employment subsidy are available for the removal or termination of the joint bench.
The relevant legal basis for you is as follows: Article 30 of the Regulations on Work-related Injury Insurance Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work-related bends shall enjoy medical treatment for work-related injuries. Employees who return to China with work-related injuries shall seek medical treatment in a medical institution that has signed a service burial agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.
**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments. The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.
Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures. If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.
Dear, if you don't know anything, you can consult me at any time, as long as you need it, I am always there
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Summary. Hello, I am glad to answer for you, the severed fingers of workers are at the tenth level of work-related injuries, and the one-time disability subsidy is about 24,500 yuan. Grade 10 is entitled to a one-time disability subsidy of 7 months' salary, and a one-time medical subsidy and employment subsidy for work-related injuries when the contract is terminated or terminated.
How can a worker be compensated for having his finger cut off while working?
Hello, Zupei is happy to answer for you with a cover, the worker's finger cut off when working is a work-related injury level 10, and the one-time disability subsidy is about 24,500 yuan. Grade 10 is entitled to a one-time disability subsidy for 7 months' salary, and a one-time medical subsidy and employment subsidy for dissolving or terminating the contract.
Legal basis: Article 30 of the Regulations on Work-related Injury Insurance Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries. Employees who are injured at work should seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution in Wuqin for first aid.
**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the service standards for work-related injury insurance Chuncheng hospitalization shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.
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